Rules and regulations in the NRDs simply do not apply to some. Example: In 1970, my father drilled an irrigation well in the SW1/4 9-4-35, Eden precinct, Hitchcock County, and flood irrigated approximately 185 acres until 1985 at which time he retired and ceased to irrigate. His failure late in life to recertify his irrigated acres caused his heirs (myself) to apply and ask for a variance in 2005 to recertify part of those acres. The MRNRD denied my request. No reason other than time for certification had expired was given.
At approximately the same time, an individual developing and buying land bought irrigated property near the Republican River knowing those wells could and would be shut off. This person purchased 160 acres dryland, just a mere 2 1/2 miles from the well in SW1/4 9-4-35 and approximately 15 miles from the Republican River. Somehow, he was able to obtain a variance to move acres from the Republican that had not been irrigated in years. How many acres of gallons per minute are unknown. Consequently, a new irrigation well was drilled in February 2010 to irrigate this property. Is this the agreement signed by Colorado, Kansas and then Gov. Johanns that said among other things, no new land was to be developed for irrigation after Dec. 16, 2002?
New illegal wells continue to be developed primarily because of the board's arbitrary and capricious enforcement of their own regulations. Certainly an existing well drilled in 1970 with records of irrigated acreage til 1985 should have been granted a variance, if variances to drill new wells on undeveloped property are granted.
Dennis R. Egle,